Thurgau biogas producer rebuffed by federal court
Published: Thursday, Nov 9th 2023, 12:10
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Due to several water pollution incidents in recent years, the Thurgau Office for the Environment has rightly only extended the existing operating license of a biogas producer for three years. This is the conclusion reached by the Federal Supreme Court in a ruling published on Thursday.
At the beginning of 2020, the company applied to the authorities for a five-year extension to its operating license. It also wanted the list of materials approved for fermentation to be extended and the storage volume for the fermentation liquid to be reduced.
The cantonal authorities rejected the application and the Federal Supreme Court has now agreed with the ruling of the Thurgau Administrative Court. It considers the shorter approval period to be a suitable incentive to ensure trouble-free operation.
No report submitted
In 2017, 2020 and 2022, there were a total of five incidents that led to water pollution, according to the Federal Court ruling. In each case, the company did not report the incidents to the authorities.
The Federal Supreme Court also rejected the company's complaints regarding the approval of more substances and the storage capacities for the fermentation liquid. It had not sufficiently substantiated the complaint regarding the substances before the Administrative Court, meaning that the court did not have to consider it.
With regard to the fermentation liquid, the Federal Supreme Court considers the arguments of the lower court, as well as those of the Office and the Federal Office for the Environment, to be valid. The fermentation liquid can be spread on the fields as fertilizer. However, this is prohibited in the winter months when the ground is icy. The company therefore requested that the large storage capacities be restricted to the months from November to March.
According to the Federal Supreme Court, the Office rightly argued that the application of liquid fertilizer may also be prohibited in the remaining months, depending on the weather. This is the case, for example, when the soil is waterlogged or dried out. (Judgement 1C_383/2022 of 27.7.2023)
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